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To
the People of the State of New York:
OOOOTHE THIRD charge against the House
of Representatives is, that it will be taken from that class of
citizens which will have least sympathy with the mass of the people,
and be most likely to aim at an ambitious sacrifice of the many to the
aggrandizement of the few. Of all the objections which have been
framed against the federal Constitution, this is perhaps the most
extraordinary. Whilst the objection itself is levelled against a
pretended oligarchy, the principle of it strikes at the very root of
republican government. The aim of every political constitution is, or
ought to be, first to obtain for rulers men who possess most wisdom to
discern, and most virtue to pursue, the common good of the society;
and in the next place, to take the most effectual precautions for
keeping them virtuous whilst they continue to hold their public trust.
The elective mode of obtaining rulers is the characteristic policy of
republican government. The means relied on in this form of government
for preventing their degeneracy are numerous and various. The most
effectual one, is such a limitation of the term of appointments as
will maintain a proper responsibility to the people.
OOOOLet me now ask what circumstance
there is in the constitution of the House of Representatives that
violates the principles of republican government, or favors the
elevation of the few on the ruins of the many? Let me ask whether
every circumstance is not, on the contrary, strictly conformable to
these principles, and scrupulously impartial to the rights and
pretensions of every class and description of citizens? Who are to be
the electors of the federal representatives? Not the rich, more than
the poor; not the learned, more than the ignorant; not the haughty
heirs of distinguished names, more than the humble sons of obscurity
and unpropitious fortune. The electors are to be the great body of the
people of the United States. They are to be the same who exercise the
right in every State of electing the corresponding branch of the
legislature of the State. Who are to be the objects of popular choice?
Every citizen whose merit may recommend him to the esteem and
confidence of his country. No qualification of wealth, of birth, of
religious faith, or of civil profession is permitted to fetter the
judgement or disappoint the inclination of the people. If we consider
the situation of the men on whom the free suffrages of their
fellow-citizens may confer the representative trust, we shall find it
involving every security which can be devised or desired for their
fidelity to their constituents. In the first place, as they will have
been distinguished by the preference of their fellow-citizens, we are
to presume that in general they will be somewhat distinguished also by
those qualities which entitle them to it, and which promise a sincere
and scrupulous regard to the nature of their engagements. In the
second place, they will enter into the public service under
circumstances which cannot fail to produce a temporary affection at
least to their constituents. There is in every breast a sensibility to
marks of honor, of favor, of esteem, and of confidence, which, apart
from all considerations of interest, is some pledge for grateful and
benevolent returns. Ingratitude is a common topic of declamation
against human nature; and it must be confessed that instances of it
are but too frequent and flagrant, both in public and in private life.
But the universal and extreme indignation which it inspires is itself
a proof of the energy and prevalence of the contrary sentiment.
OOOOIn the third place, those ties which
bind the representative to his constituents are strengthened by
motives of a more selfish nature. His pride and vanity attach him to a
form of government which favors his pretensions and gives him a share
in its honors and distinctions. Whatever hopes or projects might be
entertained by a few aspiring characters, it must generally happen
that a great proportion of the men deriving their advancement from
their influence with the people, would have more to hope from a
preservation of the favor, than from innovations in the government
subversive of the authority of the people. All these securities,
however, would be found very insufficient without the restraint of
frequent elections. Hence, in the fourth place, the House of
Representatives is so constituted as to support in the members an
habitual recollection of their dependence on the people. Before the
sentiments impressed on their minds by the mode of their elevation can
be effaced by the exercise of power, they will be compelled to
anticipate the moment when their power is to cease, when their
exercise of it is to be reviewed, and when they must descend to the
level from which they were raised; there forever to remain unless a
faithful discharge of their trust shall have established their title
to a renewal of it. I will add, as a fifth circumstance in the
situation of the House of Representatives, restraining them from
oppressive measures, that they can make no law which will not have its
full operation on themselves and their friends, as well as on the
great mass of the society.
OOOOThis has always been deemed one of
the strongest bonds by which human policy can connect the rulers and
the people together. It creates between them that communion of
interests and sympathy of sentiments, of which few governments have
furnished examples; but without which every government degenerates
into tyranny. If it be asked, what is to restrain the House of
Representatives from making legal discriminations in favor of
themselves and a particular class of the society? I answer: the genius
of the whole system; the nature of just and constitutional laws; and
above all, the vigilant and manly spirit which actuates the people of
America, a spirit which nourishes freedom, and in return is nourished
by it. If this spirit shall ever be so far debased as to tolerate a
law not obligatory on the legislature, as well as on the people, the
people will be prepared to tolerate any thing but liberty. Such will
be the relation between the House of Representatives and their
constituents. Duty, gratitude, interest, ambition itself, are the
chords by which they will be bound to fidelity and sympathy with the
great mass of the people.
OOOOIt is possible that these may all be
insufficient to control the caprice and wickedness of man. But are
they not all that government will admit, and that human prudence can
devise? Are they not the genuine and the characteristic means by which
republican government provides for the liberty and happiness of the
people? Are they not the identical means on which every State
government in the Union relies for the attainment of these important
ends? What then are we to understand by the objection which this paper
has combated? What are we to say to the men who profess the most
flaming zeal for republican government, yet boldly impeach the
fundamental principle of it; who pretend to be champions for the right
and the capacity of the people to choose their own rulers, yet
maintain that they will prefer those only who will immediately and
infallibly betray the trust committed to them? Were the objection to
be read by one who had not seen the mode prescribed by the
Constitution for the choice of representatives, he could suppose
nothing less than that some unreasonable qualification of property was
annexed to the right of suffrage; or that the right of eligibility was
limited to persons of particular families or fortunes; or at least
that the mode prescribed by the State constitutions was in some
respect or other, very grossly departed from. We have seen how far
such a supposition would err, as to the two first points. Nor would
it, in fact, be less erroneous as to the last.
OOOOThe only difference discoverable
between the two cases is, that each representative of the United
States will be elected by five or six thousand citizens; whilst in the
individual States, the election of a representative is left to about
as many hundreds. Will it be pretended that this difference is
sufficient to justify an attachment to the State governments, and an
abhorrence to the federal government? If this be the point on which
the objection turns, it deserves to be examined. Is it supported by
REASON? This cannot be said, without maintaining that five or six
thousand citizens are less capable of choosing a fit representative,
or more liable to be corrupted by an unfit one, than five or six
hundred. Reason, on the contrary, assures us, that as in so great a
number a fit representative would be most likely to be found, so the
choice would be less likely to be diverted from him by the intrigues
of the ambitious or the ambitious or the bribes of the rich. Is the
CONSEQUENCE from this doctrine admissible? If we say that five or six
hundred citizens are as many as can jointly exercise their right of
suffrage, must we not deprive the people of the immediate choice of
their public servants, in every instance where the administration of
the government does not require as many of them as will amount to one
for that number of citizens? Is the doctrine warranted by FACTS? It
was shown in the last paper, that the real representation in the
British House of Commons very little exceeds the proportion of one for
every thirty thousand inhabitants. Besides a variety of powerful
causes not existing here, and which favor in that country the
pretensions of rank and wealth, no person is eligible as a
representative of a county, unless he possess real estate of the clear
value of six hundred pounds sterling per year; nor of a city or
borough, unless he possess a like estate of half that annual value.
OOOOTo this qualification on the part of
the county representatives is added another on the part of the county
electors, which restrains the right of suffrage to persons having a
freehold estate of the annual value of more than twenty pounds
sterling, according to the present rate of money. Notwithstanding
these unfavorable circumstances, and notwithstanding some very unequal
laws in the British code, it cannot be said that the representatives
of the nation have elevated the few on the ruins of the many. But we
need not resort to foreign experience on this subject. Our own is
explicit and decisive. The districts in New Hampshire in which the
senators are chosen immediately by the people, are nearly as large as
will be necessary for her representatives in the Congress. Those of
Massachusetts are larger than will be necessary for that purpose; and
those of New York still more so. In the last State the members of
Assembly for the cities and counties of New York and Albany are
elected by very nearly as many voters as will be entitled to a
representative in the Congress, calculating on the number of
sixty-five representatives only. It makes no difference that in these
senatorial districts and counties a number of representatives are
voted for by each elector at the same time. If the same electors at
the same time are capable of choosing four or five representatives,
they cannot be incapable of choosing one
OOOO.Pennsylvania is an additional
example. Some of her counties, which elect her State representatives,
are almost as large as her districts will be by which her federal
representatives will be elected. The city of Philadelphia is supposed
to contain between fifty and sixty thousand souls. It will therefore
form nearly two districts for the choice of federal representatives.
It forms, however, but one county, in which every elector votes for
each of its representatives in the State legislature. And what may
appear to be still more directly to our purpose, the whole city
actually elects a SINGLE MEMBER for the executive council. This is the
case in all the other counties of the State. Are not these facts the
most satisfactory proofs of the fallacy which has been employed
against the branch of the federal government under consideration? Has
it appeared on trial that the senators of New Hampshire,
Massachusetts, and New York, or the executive council of Pennsylvania,
or the members of the Assembly in the two last States, have betrayed
any peculiar disposition to sacrifice the many to the few, or are in
any respect less worthy of their places than the representatives and
magistrates appointed in other States by very small divisions of the
people? But there are cases of a stronger complexion than any which I
have yet quoted. One branch of the legislature of Connecticut is so
constituted that each member of it is elected by the whole State. So
is the governor of that State, of Massachusetts, and of this State,
and the president of New Hampshire. I leave every man to decide
whether the result of any one of these experiments can be said to
countenance a suspicion, that a diffusive mode of choosing
representatives of the people tends to elevate traitors and to
undermine the public liberty.
OOOOPUBLIUS.
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